| In a 23-10 vote late Wednesday evening, the Ohio Senate passed the AMC/NOMA-backed mandatory arbitration for medical negligence claims bill,
SB 88, which establishes a pilot program calling for a pre-trial review of malpractice claims. An amendment extends the pilot to be tested in a total of seven Ohio counties: Cuyahoga, Summit, Lake, Geauga, Lorain, Erie and Huron. SB 88 provides for claimants and respondents to each choose one member of the arbitration panel, who then select a third person to serve as chairman. Bill sponsor Sen. Kevin Coughlin (R-Cuyahoga Falls) has remained steadfast in his support of the legislation and the AMC/NOMA as he presented SB 88 to the full Senate following proponent testimony on Tuesday by three AMC/NOMA physician members. Drs. John Clough, Jonathan Myles and John Bastulli traveled to Columbus this week to offer proponent testimony on the substitute bills’ merits. “Arbitration has many positive aspects,” Dr. Bastulli said. “It has been shown to cost less, result in more predictable awards and the process is much less intimidating and emotional.” Dr. Clough called the addition of bifurcation of liability and damages that arbitrators will consider a “key component” to the sub bill, one that “has the potential to have a significant positive effect on the medical malpractice process, loss costs, and premium rates.” Sen. Eric Fingerhut (D- Cleveland) was the sole Democrat to support the bill. While noting that the measure needs work in the House, he said the plan could provide a workable alternative to address the liability situation in the state. Throughout the summer, the AMC/NOMA will continue to work with our supporters, members and lobbyists as the legislation moves its way through the House, and as always will keep our members informed with updates and news alerts as they occur. Watch for future links to write your legislators urging support of the bill during this process.
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